609.341 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections
609.341 to
609.351, the terms in this
section have the meanings given them. Subd. 2. Actor. "Actor" means a person accused of criminal sexual conduct. Subd. 3. Force. "Force" means the infliction, attempted infliction, or threatened infliction
by the actor of bodily harm or commission or threat of any other crime by the actor against the
complainant or another, which (a) causes the complainant to reasonably believe that the actor has
the present ability to execute the threat and (b) if the actor does not have a significant relationship
to the complainant, also causes the complainant to submit. Subd. 4. Consent. (a) "Consent" means words or overt actions by a person indicating a
freely given present agreement to perform a particular sexual act with the actor. Consent does not
mean the existence of a prior or current social relationship between the actor and the complainant
or that the complainant failed to resist a particular sexual act.
(b) A person who is mentally incapacitated or physically helpless as defined by this section
cannot consent to a sexual act.
(c) Corroboration of the victim's testimony is not required to show lack of consent. Subd. 5. Intimate parts. "Intimate parts" includes the primary genital area, groin, inner
thigh, buttocks, or breast of a human being. Subd. 6. Mentally impaired. "Mentally impaired" means that a person, as a result of
inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or
mood, lacks the judgment to give a reasoned consent to sexual contact or to sexual penetration. Subd. 7. Mentally incapacitated. "Mentally incapacitated" means that a person under the
influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person
without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact
or sexual penetration. Subd. 8. Personal injury. "Personal injury" means bodily harm as defined in section
609.02,
subdivision 7
, or severe mental anguish or pregnancy. Subd. 9. Physically helpless. "Physically helpless" means that a person is (a) asleep or
not conscious, (b) unable to withhold consent or to withdraw consent because of a physical
condition, or (c) unable to communicate nonconsent and the condition is known or reasonably
should have been known to the actor. Subd. 10. Position of authority. "Position of authority" includes but is not limited to any
person who is a parent or acting in the place of a parent and charged with any of a parent's rights,
duties or responsibilities to a child, or a person who is charged with any duty or responsibility for
the health, welfare, or supervision of a child, either independently or through another, no matter
how brief, at the time of the act. For the purposes of subdivision 11, "position of authority"
includes a psychotherapist. Subd. 11. Sexual contact. (a) "Sexual contact," for the purposes of sections
609.343,
subdivision 1
, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (o),
includes any of the following acts committed without the complainant's consent, except in those
cases where consent is not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts effected by a person in a position of authority, or by coercion, or by inducement if the
complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate parts effected by coercion or by a
person in a position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area
of the intimate parts.
(b) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (g) and (h),
and
609.345, subdivision 1, clauses (f) and (g), includes any of the following acts committed with
sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts;
(iii) the touching by another of the complainant's intimate parts; or
(iv) in any of the cases listed above, touching of the clothing covering the immediate area
of the intimate parts.
(c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of
the actor's or another's bare genitals or anal opening with sexual or aggressive intent. Subd. 12. Sexual penetration. "Sexual penetration" means any of the following acts
committed without the complainant's consent, except in those cases where consent is not a
defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object used by the actor
for this purpose;
(ii) of the complainant's body by any part of the body of the complainant, by any part of
the body of another person, or by any object used by the complainant or another person for this
purpose, when effected by a person in a position of authority, or by coercion, or by inducement
if the child is under 13 years of age or mentally impaired; or
(iii) of the body of the actor or another person by any part of the body of the complainant or
by any object used by the complainant for this purpose, when effected by a person in a position
of authority, or by coercion, or by inducement if the child is under 13 years of age or mentally
impaired. Subd. 13. Complainant. "Complainant" means a person alleged to have been subjected to
criminal sexual conduct, but need not be the person who signs the complaint. Subd. 14. Coercion. "Coercion" means the use by the actor of words or circumstances
that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the
complainant or another, or the use by the actor of confinement, or superior size or strength, against
the complainant that causes the complainant to submit to sexual penetration or contact against the
complainant's will. Proof of coercion does not require proof of a specific act or threat. Subd. 15. Significant relationship. "Significant relationship" means a situation in which
the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant by blood, marriage, or adoption:
brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or
(3) an adult who jointly resides intermittently or regularly in the same dwelling as the
complainant and who is not the complainant's spouse. Subd. 16. Patient. "Patient" means a person who seeks or obtains psychotherapeutic services. Subd. 17. Psychotherapist. "Psychotherapist" means a person who is or purports to be a
physician, psychologist, nurse, chemical dependency counselor, social worker, marriage and
family therapist, licensed professional counselor, or other mental health service provider; or
any other person, whether or not licensed by the state, who performs or purports to perform
psychotherapy. Subd. 18. Psychotherapy. "Psychotherapy" means the professional treatment, assessment, or
counseling of a mental or emotional illness, symptom, or condition. Subd. 19. Emotionally dependent. "Emotionally dependent" means that the nature
of the former patient's emotional condition and the nature of the treatment provided by the
psychotherapist are such that the psychotherapist knows or has reason to know that the former
patient is unable to withhold consent to sexual contact or sexual penetration by the psychotherapist. Subd. 20. Therapeutic deception. "Therapeutic deception" means a representation by
a psychotherapist that sexual contact or sexual penetration by the psychotherapist is consistent
with or part of the patient's treatment. Subd. 21. Special transportation. "Special transportation service" means motor vehicle
transportation provided on a regular basis by a public or private entity or person that is intended
exclusively or primarily to serve individuals who are vulnerable adults or disabled. Special
transportation service includes, but is not limited to, service provided by buses, vans, taxis,
and volunteers driving private automobiles. Subd. 22. Predatory crime. "Predatory crime" means a felony violation of section
609.185
(first-degree murder),
609.19 (second-degree murder),
609.195 (third-degree murder),
609.20
(first-degree manslaughter),
609.205 (second-degree manslaughter),
609.221 (first-degree assault), 609.222 (second-degree assault),
609.223 (third-degree assault),
609.24 (simple robbery),
609.245
(aggravated robbery),
609.25 (kidnapping),
609.255 (false imprisonment),
609.498 (tampering
with a witness),
609.561 (first-degree arson), or
609.582, subdivision 1 (first-degree burglary).History: 1975 c 374 s 2; 1977 c 130 s 8; 1979 c 258 s 9-11; 1981 c 51 s 1; 1982 c 385 s 1; 1982 c 469 s 9; 1984 c 525 s 3; 1984 c 588 s 5,6; 1985 c 24 s 3,4; 1985 c 286 s 14; 1985 c 297
s 1-5; 1986 c 351 s 6,7; 1986 c 444; 1987 c 198 s 1-3; 1987 c 347 art 1 s 22; 1988 c 413 s 1; 1989 c 290 art 4 s 11; 1993 c 326 art 4 s 17-19; 1994 c 636 art 2 s 30-33; 1995 c 226 art 2 s 18; 1998 c 367 art 3 s 5,6; 2001 c 210 s 21; 2002 c 379 art 1 s 106; 2002 c 381 s 1; 2003 c 118 s 22; 2005 c 56 s 1; 2005 c 136 art 2 s 10,11; 2007 c 54 art 2 s 3